KARACHI, Dec 27: The Supreme Court admitted here on Tuesday appeals by two murder convicts to consider whether two different incidents disclosed by separate first information reports could be jointly tried through a single challan or charge-sheet. According to the prosecution, two brothers, Mohammad Hussain and Asad Ali, were running Shandar and Subhan bakeries, separated only by a road but situated on the outer limits of Nazimabad and Gulbahar police stations, respectively. On the morning of Sept 27, 1997, five armed people came in a taxi and two each of them stormed into the bakeries and opened fire on Mohammad Hussain and Asad Ali. The fifth kept sitting in the taxi.
Mohammad Hussain died on the spot while Asad Ali succumbed to his injuries at Abbasi Shaheed Hospital. Asad’s servant, Hamid Ali, received bullet injuries in the leg and survived. Two FIRs of the incident were registered by the Nazimabad and Gulbahar police stations, one each in respect of the bakery situated in their limits. The complainants were the injured Hamil Ali and Haji Qasim, brother of the deceased.
One consolidated charge-sheet was, however, submitted by the prosecution before the trial in anti-terrorism court. After a joint trial, the court convicted accused Kamran Ahmed Farooqui alias Ali and Jamilur Rehman alias Abbas and sentenced them to death besides awarding other penalties. Both the convicts moved appeals in the Sindh High Court and the ATC judgment was also submitted to the court for confirmation of death sentences.
A high court division bench maintained the conviction and death sentences but modified the punitive provision from Section 302 to Section 302 (B) of the PPC.
The fine of Rs 50,000 each was set aside and the convicts were instead asked to pay Rs 100,000 each to the legal heirs of the deceased.
Kamran was ordered to pay Rs 50,000 to Hamid Ali. Other penalties, including 10 years rigorous imprisonment awarded to Kamran, were also maintained.
The convicts challenged the SHC judgment by a petition for leave to appeal through Advocate Mohammad Ashraff Kazi, who raised, among others, the following points of law for consideration by the Supreme Court: 1. Whether the law permits submission of one consolidated challan for two different incidents and for two different FIRs lodged at different police stations by two different complainants/informers? 2. Whether a single consolidated challan/report in relation of two different incidents had any legal value in the eyes of law? 3. Whether the acquittal of the petitioners from the charge under Sections 392/120-B and 109 of the PPC and non-registration of any FIR under the said provisions did not make the whole prosecution story doubtful and unbelievable?
An SC bench, comprising Justices Abdul Hameed Dogar and Saiyed Saeed Ashhad, heard counsel’s arguments at the court’s Karachi registry on Tuesday.
Admitting the petition for leave to appeal to regular hearing, the bench directed that a notice be issued to the prosecution.
